The Immigrant’s Journal Vol. 119
Our leaders who stood for Unity & Justice
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Protecting God’s Children From Distant Lands
www.ijlef.org
May 28, 2020
26 Court Street, Suite 701, Brooklyn, NY 11242 Tel: 718-243-9431 Fax: 718-222-3153 Email: immjournal @aol.com
While Americans Struggle to Stay Alive and Solvent, Trump Stuffs the Pockets of Donors to Build a Stupid and Ineffective Border Wall
LIRS Opposes the Extension of Severe Immigration Restrictions
BY FRANK SHARRY, AMERICA’S VOICE
ashington D.C.: On May 19, the Trump Administration extended its coronavirus border restrictions indefinitely, continuing an order that has precipitated a complete shutdown of asylum protections at the southern border. The policy, originally invoked by the CDC on March 20th and extended once already on April 20th, allows Border Patrol agents to immediately return asylum seekers to Mexico or their home countries – resulting in the “expulsion” of more than 20,000 migrants in less than 2 months. “The mixed messaging is dizzying,” said Krish O’Mara Vignarajah, president and CEO of Lutheran Immigration and Refugee Service. “In the same breath that the administration tells Americans that our country is safe enough to begin reopening, it cuts off every conceivable path to protection for the most vulnerable asylum seekers.” Since the order has been in effect, Border Patrol agents have referred just 59 migrants to be interviewed by asylum officers. As of today, only two individuals have been granted protection in the United States while the order has been in effect. “These staggeringly low numbers highlight the tragic extent to which our government has forsaken its legal obligations under humanitarian laws, as well as its moral responsibility to those fleeing unimaginable hardship,” continued Ms. Vignarajah. “The fact that there are no exceptions for unaccompanied migrant children is nothing short of a stain on our nation’s soul.” Advocates and humanitarian organizations have decried the order as both immoral and illegal. Faith-based groups have condemned the unprecedented restrictions as incompatible with the practice of their religion. “Our organization has long supported shelters for asylum seekers to provide a good night’s sleep, a hot meal, and assistance rejoining their family or sponsor at their final destination,” noted Ms. Vignarajah. “Between the ‘Remain in Mexico’ policy and this shutdown of asylum at the border, Americans of faith have been virtually unable to answer that higher call to welcome the stranger.” The extended order requires CDC officials to review the dangers posed by
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he Washington Post reports that the Trump administration has awarded the largest-yet contract for building the border wall — a $1.3 billion award to Fisher Sand & Gravel, owned by Fox News-appearing, Trumppraising, GOP donor Tommy Fisher. As Nick Miroff writes in the Post, “The new award to Fisher carries an average cost of more than $30 million per mile of border barrier, more expensive than other contracts for Trump’s wall. The project has morphed from a 2016 campaign promise into one of the largest federal infrastructure projects in U.S. history … Swelling the price tag further was a design change from the president requir-
Editorial credit: doddis77 / Shutterstock.com
ing the barrier to be painted black, adding about $1.2 million per mile.” Here is my statement on the matter: In the middle of the greatest crisis of our lifetime, the President of the United States is obsessed with building a stupid and ineffective border wall. He does so because his priority is himself and his
reelection, not the health and well-being of the American people. At a time when Americans are haunted by infection and death, when testing and treatment in America is insufficient to safely reopen the economy, when millions of Americans are out of work and continued on page 2
Extension of Rules Relating to Form I-9 Compliance ...2
Revision of Stay of Removal Request Reviews for U Visa Petitioners VIA 311IMMIGRATION.COM
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ach year, thousands of foreign citizens apply for a U visa, a nonimmigrant visa category created specifically for victims of crime who provide helpful assistance to police, prosecutors, and other law enforcement officials in the United States. Q: What has changed? A: Under ICE Directive 11005.1, ICE was required to request a prima facie determination from USCIS. This deter-
mination was a simple confirmation that the petition was filed correctly and was not a substantive review of the petition. As the number of U visa petitions submitted increased, this process became
burdensome on both agencies and often did not impact ICE’s decisions. Now, under the ICE Directive 11005.2, ICE officers and attorneys will review the totality of the circumstances, including any favorable or adverse factors, and any federal interest(s) implicated and decide whether a Stay of Removal or terminating proceedings is appropriate. Q: Will the changes negatively affect crime victims? A: There are a number of features of continued on page 7
Emergency Relief Program for Survivors of Domestic Violence and Gender-Based Violence
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W YORK: Mayor de Blasio announced a new emergency financial relief program for survivors of domestic and gender-based violence to provide funding for immediate safety, economic, and housing needs currently exacerbated by the COVID-19 pandemic. In partnership with Sanctuary for Families, the Mayor’s Office to End Domestic and Gender-Based Violence (ENDGBV) will leverage its network of
service providers to distribute funds to directly support survivors in need across the city. Funding for this program is provided by the Mayor’s Fund to Advance New York City’s COVID-19 Emergency Relief Fund. "Home should be a safe place for everyone in our city and we will not accept any other reality, now or after this crisis. We continued on page 4
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IMMIGRATION MATTERS
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ICE Announces Extension of Flexibility in Rules Related to Form I-9 Compliance
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ASHINGTON: U.S. Immigration and Customs Enforcement (ICE) recently announced an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. On March 19, 2020, due to precautions implemented by employers and employees associated with COVID-19, the Department of Homeland Security (DHS) announced that it would exercise prosecutorial discretion to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) under section 274A of the Immigration and Nationality Act. This provision, as explained in the guidance below, was implemented for 60 days and was set to expire May 19. Due to the continued precautions related to COVID-19, DHS has extended this policy for an additional 30 days. Employers who were served notices of inspection (NOIs) by ICE during the month of March 2020 and had not already responded were granted an automatic extension for 60 days from the
effective date. ICE will grant an additional extension of 30 days to these employers. Eligibility Requirements This provision only applies to employers and workplaces that are operating remotely. If there are employees physically present at a work location, no exceptions are being implemented at this time for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification. However, if newly hired employees or existing employees are subject to COVID-19 quarantine or lockdown protocols, DHS will evaluate this on a case-by-case basis. Additionally, employers may designate an authorized representative to act on their behalf to complete Section 2. An
authorized representative can be any person the employer designates to complete and sign Form I-9 on their behalf. The employer is liable for any violations in connection with the form or the verification process, including any violations in connection with the form or the verification process, including any violations of the employer sanctions laws committed by the person designated to act on the employer’s behalf.” Looking Ahead Going forward DHS will continue to monitor the ongoing national emergency and provide updated guidance as needed. Employers are required to monitor the DHS and ICE websites for additional updates regarding when the extensions will be terminated, and normal operations will resume.l
Stupid Border Wall/from page 1 running out of money, and when first responders, healthcare workers and essential workers are risking their lives to save ours, Trump is focused on fulfilling a campaign promise in time for the 2020 election. Who is paying for the wall? American taxpayers, not Mexico. Since Congress refused to fund the $18 billion being spent on the wall, where are the funds coming from? Raided funds appropriated by Congress to support National Guard readiness and military families. Who is getting the big contracts to build the wall contracts? Trump cronies. Besides shoveling billions into the pockets of donors, what is Trump’s focus with respect to the wall? Spending millions more to paint it black. Is the wall worth diverting public funds and seizing land from private landowners? Smugglers have proved adept at sawing through and climbing over the wall using saws and rope ladders available at the local Home Depot. Any other president would be all-consumed with forging unity and protecting lives during a lethal pandemic. Trump is all-consumed with a monument to his vanity and a showpiece for his reelection campaign. The border wall is emblematic of Trump and his failed presidency: divisive, distracting, narcissistic, mendacious, corrupt, racist, authoritarian, and ineffective. Trump is America’s Nero. l
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TIME FOR ACTION
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Back to the Wall and Family Separation in the Midst of the Pandemic BY DAVID TORRES, AMERICA’S VOICE
Legal Advisor Brian Figeroux, Esq. Managing Editor & Editor-in-Chief Pearl Phillip Assistant Editor Marilyn Silverman
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f there are two topics that define, in many ways, the immigration policy of the current government of the United States they are, on the one hand, the stubborn intention of constructing a wall on the border with Mexico and, on the other, the separation of immigrant families. Both have served to consolidate the loyalty of the president’s base, in such way that it’s not a coincidence that these topics have been introduced once again into both the official discourse as well as media coverage, even in the midst of one of the most lethal pandemics in this country, the very same which has become an inconvenient stone in the shoe for the leader, as the presidential election draws near. In fact, the avalanche of observations that are made day after day about the management of this public health crisis, provoked by the outbreaks of COVID-19 in practically the entire country, are multiplying like foam, and he can do nothing about it other than returning to the same strategy that helped him beat his political rivals. In that way the border wall has been, is, and always will be his “workhorse,” and it is easy to infer that he will beat it to the death in order to not lose support from his traditional followers. The proposed painting of the border wall that is being constructed near Mexico some days ago, a project that would cost $500 million, sends a clear and direct message about presidential priorities. So does the fact of his having awarded a contract of $1.3 billion for the construction of more than 42 miles of fencing to a builder from North Dakota who, according to The Washington Post, has made donations to the Republican Party and praised Trump and his policies. But the topic of the wall has been surpassed by another no less recurring, but just as completely cruel and typical of today’s White House’s insensitivity regarding the consequence of the immigration policies: the separation of families, which supposedly had stopped taking place, with the burst of national and international condemnation for the inhu-
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SAN FRANCISCO, CA - JUNE 23, 2018: The Families Belong Together rally opposed the cruel, inhumane and illegal separation of children from their parents guardians along the U.S. border with Mexico. Editorial credit: Karl_Sonnenberg / Shutterstock.com
mane treatment that is given to immigrants upon crossing the border after arriving in caravans in search of asylum, especially children. It has emerged again, according to a series of complaints from impacted individuals. Their testimonies, collected and published by different media outlets, give light to the existence of a questionnaire in which parents are offered again two options: remain detained together, or go ahead and separate from their children, with the idea that they would be placed in the care of relatives who are already in the United States or, ultimately, be adopted by other families. All this occurs in the midst of a pandemic that is, at the same time, serving to catalyze this new correlation of national and international forces, of which nobody knows for sure how it will end, nor who will come out on top geopolitically-speaking when everything “normalizes” and the controllers of an uncertain “new world order” are rearranged. What is certainly foreseeable though is that the electoral campaign that is kicking off will be one of the dirtiest, hatefilled, and most despicable that has ever been seen in this part of the world, and that no one, at least no political actors, will be unscathed. And in the middle of all of this, of
course, immigrants will be the ones to tip the scales and incline things toward the unpredictable in November. The deportation of almost 1,000 unaccompanied migrant children, which has been discovered and reported recently, speaks to an official position that will not be stopped or diverted in focus, especially as it has to do with human beings that come from nations which the president does not value at all. At the end of the day, alongside the fight against COVID-19, whose management has also fully entered the U.S. political gamesmanship, are other aspects of the immigration subject that go beyond the wall and family separation, including the rejection or defense of programs like DACA or TPS, must to mention two priorities on whose survival depend hundreds of thousands of people who now also find themselves on the frontlines of the battle to abate the public health crisis that involves us all. The president can refuse to wear face masks during his public activities in order to show “strength” to his loyal followers; but what he cannot do is to bury his head in the sand before a more than complicated immigration reality, exacerbated now by a virus that has put a check on any exclusionary political strategy. l
Volunteering at THE IMMIGRANT'S JOURNAL LEGAL & EDUCATIONAL FUND, INC. Internship positions available throughout the year. The Immigrant's Journal Legal & Educational Fund, Inc. is an organization dedicated to the educational and economic empowerment of all immigrants and immigrant organizations here in the United States. We at the Journal recognize the enormous contribution of immigrants to this country economically, socially and politically. Since September 11, 2001, however, immigrants have increasingly been discriminated against and Congress has passed legislation curtailing the rights of immigrants here in the U.S., broadly claiming that immigrants are a threat to ''National Security.'' We at the Journal believe that these charges are unfounded, unsubstantiated and exaggerated. The Immigrant's Journal Volunteer Intern Program was introduced to give our volunteers the opportunity to work in an immigrant friendly environment while developing the necessary skills for college or law school. They assist our staff in resolving immigration and other legal concerns through personal interviews, radio, email and telephone contact. They also assist the public with citizenship applications and in researching whether or not children of naturalized U.S. citizens have derived citizenship from their parents. Some of our volunteers assist our legal staff by engaging in legal research and writing letters on other legal issues. Volunteer interns are also assigned various other jobs in our Youth Programs. Hours are flexible. Email your cover letter and resume or any questions to immjournal@aol.com Tel: 718-243-9431 Fax: 718-222-3153
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IMMIGRANTS’ CONCERNS Emergency Relief Fund/ continued from page 1
want any New Yorker experiencing violence at home to know that help is always available. New York City is here for survivors and we will continue to find new ways to ensure they are safe and supported,” said Mayor de Blasio. Aligned with the City’s efforts to help those most vulnerable during the COVID-19 crisis, this first-of-its-kind initiative will respond to the acute and unique needs of survivors. The pilot program will deliver “micro-grants” ranging in value based on need and follows evidence-based funding models that have emerged as powerful economic empowerment tools, particularly helpful in mitigating risk factors for survivors of domestic and gender-based violence. The micro-grant model will enable service providers to file for funds on behalf of survivors directly with Sanctuary for Families, speeding access to funds. The program will utilize best practices from other successful models building upon existing City investments for survivors by opening a new stream of funds. ENDGBV and its partners continue to inform the public about its services and COVID-19 resources through its agency website, its “NYC HOPE” resources directory, and social media to ensure survivors know that help is available. The Office also created Resources for Survivors During COVID-19 – a page dedicated to COVID-19 resources and
information. Helpful information on resources is sent out regularly through the Notify NYC system and the City’s LinkNYC system. Multi-lingual advertisements for NYC HOPE appear on Google Search, Facebook, Twitter and Instagram and will also be featured in convenience stores, check cashing locations, laundromats, pharmacies and grocery stores. The City recently launched an ENDGBV COVID-19 response work group to prevent acts of domestic gender-based violence and best support survivors during the pandemic. The work group includes a diverse group of twenty providers representing multi-disciplinary services for survivors across the City including shelter, legal services, and counseling and mental health services. Providers from both small and large community-based organizations have representation in the work group, with an emphasis on those serving various communities citywide. The Mayor’s Fund is continuing to pursue additional funds to enhance this crucial resource through grassroots fundraising and partnerships with the philanthropic and business communities. Anyone can contribute to the program through the COVID-19 Emergency Relief Fund. “The COVID crisis compounds the challenges faced by survivors of domestic and gender-based violence,” said Deputy Mayor for Health and Human
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4 “The COVID crisis compounds the challenges faced by survivors of domestic and gender-based violence,” said Deputy Mayor for Health and Human Services, Dr. Raul Perea-Henze.” Services, Dr. Raul Perea-Henze. “The de Blasio administration is committed to empowering all survivors with the tools to meet their immediate needs for safety, stability and economic security. This innovative pilot program achieves just that.” “COVID-19 puts into sharp focus the vulnerabilities that many people in our city face every day, especially genderbased violence survivors; and it highlights the barriers and challenges that we know keep people from seeking help and finding safety,” said ENDGBV Commissioner Cecile Noel. “This funding will provide crucial support for survivors. The City is here for survivors during this crisis and beyond and will continue to work to identify best practices and innovative approaches to enhance its services.” “Every New York deserves to feel safe in their home and community, but too often that isn’t the case for survivors of domestic and gender-based violence,” said Toya Williford, Executive Director of the Mayor’s Fund to Advance New York City. “During these trying times, it is more crucial than ever to get resources into the hands of those who need them most. The Mayor’s Fund is grateful that, through our trusted network of partners, we’re able to implement this innovative model to help survivors achieve stability.” “The COVID-19 health crisis has exposed an already vulnerable population to further peril as stay-at-home orders compound economic hardship for survivors of gender-based violence,” said Hon. Judy Harris Kluger, Executive Director of Sanctuary for Families. “Sanctuary for Families is proud to be working hand-in-hand with ENDGBV and the Mayor’s Fund to ensure that survivors have access to the resources they need to maintain their safety as well as economic and housing stability. We applaud the City’s efforts to mitigate risk factors for survivors of domestic violence through the distribution of micro grants, which will be a powerful tool in helping survivors across New York City weather this crisis.” “As many New Yorkers are struggling with financial hardship and instability as a result of COVID-19, the pandemic can have an even more devastating effect on survivors of domestic and gender based violence,” said Council Member Vanessa L. Gibson, Co-Chair of the Women’s Caucus. “I commend the administration for providing this support at such a cru-
cial time and we must continue to work with advocates, CBOs, and our non-profit partners to support, empower and uplift survivors during these challenging times.” “As COVID-19 struck our city, New Yorkers were encouraged to stay home to protect themselves and others,” said Council Member Farah N. Louis, CoChair of the Women’s Caucus. “However, we know that, for survivors of domestic and gender-based violence, staying home can be even more lifethreatening. As a fellow survivor and a legislator who represents vulnerable populations, I believe that the flex-funding initiative is a step in the right direction to empower survivors and an innovative way to supplement any financial losses due to the coronavirus outbreak. These micro-grants will be vital in helping survivors achieve economic and housing stability necessary to shelter in place.” “The challenges experienced by victims and survivors of domestic and gender-based violence are many,” said State Senator Roxanne J. Persaud, Chair of the Senate Social Services Committee. "Currently, remaining indoors at home to mitigate the risks of contracting COVID19, puts spouses, partners, and children at an exponentially greater risk for physical, psychological and emotional harm. This new pilot program offers a promising model to meet survivors' varying levels of need. Thank you for advancing this important effort." “Abusers in domestic and genderbased violence situations use isolation as a tactic to establish control and unfortunately the COVID-19 pandemic has helped to facilitate this,” said Council Member Adrienne Adams. “Enhancing the city’s ability to help survivors of domestic and gender-based violence is desperately needed at this time. I thank the Mayor’s Office to End Domestic and Gender-Based Violence and the Mayor’s Fund to Advance New York City for this important effort.” “I am proud to support the City in its efforts to protect those most vulnerable during this health crisis,” said Council Member Diana Ayala. “This program is another way we can help survivors know they are not alone.” “Prior to the arrival of the COVID-19 uncertainty,” said Council Member Karen Koslowitz. “This small stipend will provide some necessary stability in these fearful times to these victims of domestic/gender-based violence.”l
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LEGISLATIVE NEWS
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The HEROES Act Would Provide Aid to Millions of Immigrants Left Out of Other Coronavirus Relief Packages BY JORGE LOWEREE
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he U.S. House of Representatives passed the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act on Friday, May 15. The bill directs $3 trillion in stimulus spending and is the latest in a series of bills that Congress has considered in response to the coronavirus. The HEROES Act seeks to relieve some of the devastation caused by the COVID-19 pandemic. It would provide financial assistance, increased medical care, and address other consequences of the outbreak for immigrants and other vulnerable populations in the United States. Prior bills Congress considered, such as the CARES Act, failed to address the needs of millions of noncitizens in the United States. This includes many people on the front lines helping fight the virus. But the HEROES Act, by contrast, would take a far more inclusive approach. Here’s what you should know about the treatment of noncitizens under the HEROES Act:
HEROES ACT Direct Payments Millions of immigrant and mixed-status families across the United States have been prevented from receiving direct payments from the government. This is due to discriminatory provisions included in prior COVID-19 aid packages. These one-time “recovery rebates” were first created by the CARES Act signed into law in March. That bill explicitly blocks payments to noncitizens who lack Social Security numbers but file federal income tax returns using
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Individual Tax Identification Numbers (ITINs). It also blocks payments to people who are themselves eligible—including U.S. citizens—for direct payments but file joint returns with a spouse who uses an ITIN. The HEROES Act, by contrast, would provide one-time direct payments to a greater population of low- and middleincome families and adults in the United States. Noncitizens who pay their taxes using ITINs would be eligible for these payments. The HEROES Act would also extend payments to people who file joint returns with spouses who use ITINs. Approximately 4.35 million people filed their tax returns using ITINs in 2015. And a recent study indicates that 4.3 million adults and 3.5 million children would benefit from this change. Testing and Treatment Under the HEROES Act The HEROES Act would ramp up COVID-19 testing and treatment to all individuals regardless of immigration status. The Act would do this by expanding access to non-emergency Medicaid to many people who are otherwise barred from participation. The enrollment requirements for Medicaid are complex, and very few immigrants qualify under current law. The HEROES Act would expand access for COVID-19 testing and treatment under Medicaid for Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) recipients, U-visa beneficiaries, and undocumented immigrants alike. This contrasts with provisions in the CARES Act. That bill provided significant increases in funding for Medicaid but failed to expand the eligibility criteria. Immigration Provisions in the HEROES Act The HEROES Act intends to address some of the challenges that immigrants are facing due to U.S. Citizenship and Immigration Services’ processing disruptions. It also aims to address challenges created by the various international travel restrictions implemented by the United
States and countries around the world in response to the coronavirus. Immigrants who were lawfully present in the United States when the Department of Health and Human Services declared COVID-19 a public health emergency would be protected from the negative consequences associated with an inability to meet filing deadlines or depart the country on time. The Act would also call upon the Department of Homeland Security (DHS) to extend both temporary immigration status and employment authorization documents set to expire during the national emergency for a brief period. Any immigrant visas that go unused in FY 2020 would be rolled over for use in subsequent years. DHS would be compelled to maintain protections for DACA and TPS recipients for the duration of the period initially granted by the department. This is an important detail given that ongoing litigation could disrupt the lives of the over 1 million people that participate in both initiatives at any moment. The bill does not contain any additional funding for immigration enforcement. It would provide more funding for DHS. But those funds would be directed to the Federal Emergency Management Agency in order to prevent, prepare for, and respond to COVID-19. DHS would be prevented from transferring these funds for other purposes, including immigration enforcement. Coronavirus Relief Must Protect Everyone COVID-19 does not discriminate based on race or immigration status. The pandemic has impacted everyone in the United States. The rapid spread of the virus has made it clear that we must do everything possible to keep everyone safe without regard to immigration status. Prior legislative proposals that exclude millions of people across the country from access to medical testing and treatment—as well as measures intended to address the economic impact of the pandemic—are a disservice to public health and our economic recovery. It is impossible for the government to protect all of us if it refuses to protect some of us.l
Immigration Restrictions/ continued from page 1
COVID-19 to the American public every 30 days. “Our greatest fear is that these strict, and frankly illegal restrictions on immigration will remain in place long after the public health crisis has been mitigated,” concluded Ms. Vignarajah. “Cracking down on virtually every form of immigration, be it legal or otherwise, has long been a central priority for the administration.”l
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MONEY MATTERS
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USCIS Claims It’s Strapped for Cash, Requests Emergency Funding From Congress BY AARON REICHLIN-MELNICK
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.S. Citizenship and Immigration Services (USCIS) says it’s running out of money, fast. In a letter to Congress, USCIS declared that the coronavirus pandemic had caused unavoidable budget shortfalls. The agency—normally funded by fees from visa petitions and immigration benefit applications—says it will run out of money by June. It’s asking Congress for an emergency bailout of $1.2 billion. But the budget shortfall may have less to do with COVID-19 than significant mismanagement of the agency. Over the last few years, the Trump administration has poured enormous amounts of resources into “vetting” and “fraud detection” and implementing policies that slow its own productivity. Along with the request for a bailout, USCIS says it would like to impose a 10% surcharge on all immigration benefits and visa petitions. The agency has reportedly said that it intends to pay back Congress by keeping this surcharge in place until the $1.2 billion is refunded. Last November, USCIS proposed dramatic increases in fees. These fees would have increased the cost to get a green
card by nearly $1,000 and the overall cost to become a citizen by over 60%. The proposal would also have led to the elimination of almost all fee waivers. Many viewed the proposed fee increase as an attempt to restrict immigration by putting it out of reach for most lowincome immigrants. Despite proposing these fees more than six months ago, USCIS has not finalized them. The fact the agency is running out of money after only two months of reduced applications suggests mismanagement might be the real source of the agency’s woes. At the start of the pandemic, USCIS
suspended one of its biggest generator of funds: “premium processing” for H-1B visas and certain employment immigrant visas. The program lets employers pay $1,500 to guarantee rapid adjudication of applications. Other shifts in priorities have driven up the costs to adjudicate applications for the agency. Under the Trump administration, USCIS has transitioned away from its role as an immigration benefits agency. New policies like the “public charge” rule make some immigrants less likely to apply for benefits. At the same time, the agency has begun issuing far more “requests for evidence” than ever,
slowing the adjudication process. In 2019, after Ken Cuccinelli was unlawfully appointed as head of USCIS, he declared that “I see USCIS as a vetting agency, not a benefits agency.” This excessive focus on vetting has led to historically high backlogs in immigration processing. USCIS’ new requirements try to root out small amounts of fraud at all costs. This includes requiring duplicative in-person interviews for some applicants, repeatedly rejecting forms for minor errors or omissions, and new policies leading to rejections for more H-1B applications. If Congress decides to fund USCIS on an emergency basis, any funds should come with strings attached. This should include requiring more transparency and oversight and limiting some of the agency’s wasteful policies. The focus on “vetting” has made the agency inefficient and bloated. This in turn has made it harder for noncitizens to obtain and maintain their legal status and ability to work in the U.S. As a result, Congress now has an unbeatable opportunity to rein in the agency’s rogue agenda.l
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HOW TO GET A GREEN CARD U Visa Petitioners/ continued from page 1
the new Directive that are clarifying and beneficial to crime victims, including: •It is ICE policy to comply with applicable law governing U visas and to encourage victims of crime to work with law enforcement. •Assistance provided by a U visa petitioner to law enforcement, prosecutors, judges, or other officials in the detection, investigation, prosecution, conviction, or sentencing of criminal activity will generally be considered a significant favorable factor but is not necessarily dispositive. •It is ICE policy to respect USCIS’ grant of deferred action to a U visa waitlisted petitioner. Accordingly, ICE will not remove a U visa petitioner or qualifying family member whom USCIS has placed on the waiting list and granted deferred action unless a new basis for removal has arisen since the date of the waiting list placement or USCIS terminates deferred action. •It is also permissible for ICE to join a motion to terminate proceedings for petitioners who have been waitlisted or approved. •Convictions for crimes related to a petitioner’s victimization will generally not be considered an adverse factor. •The fact that a petitioner can continue to pursue a U visa adjudication from outside the United States is not alone a reason for ICE to deny a Stay of Removal request.
Q: Will ICE remove crime victims who are still assisting law enforcement with the investigation or prosecution of their cases? A: ICE recognizes the significant law enforcement interest in active victim-witnesses remaining in the United States. ICE will exercise its discretion when determining whether to grant a Stay of Removal request based on the totality of circumstances, including consideration of the underlying assistance provided by a U visa petitioner to law enforcement. ICE no longer exempts classes or categories of removable aliens from potential enforcement. The revised guidance also allows for Stay of Removal requests to be granted to U visa petitioners who are assisting ICE investigations. Q: Do immigration judges issue removal orders to pending U visa petitioners, and if so, what recourse do U visa petitioners have? A: The U visa regulations do not prevent pending U visa petitioners from being removed. If removed, USCIS will continue to adjudicate the U visa petition. U visa petitioners have all recourse available to them that immigration law permits of anyone else in removal proceedings or with final removal orders. Q: Why has there been such an exponential increase in U visa petitions from crime victims? A: The U visa is now better known by
immigration attorneys and law enforcement. The U.S. Government made a concerted effort through training and awareness to ensure that law enforcement was aware of this tool to encourage alien victims of crime to come for ward. Q: What happens if ICE removes a U visa petitioner from the United States and that person is then granted a U visa after he/she is already removed? A: ICE defers to USCIS and the U.S. Department of State. Q: What is the number of pending applications that end up receiving a U visa? A: USCIS approves 10,000 principals annually which is the statutory cap. Q: Will sponsoring law enforcement agencies and prosecuting offices be informed if potential witnesses are subject to removal? A: ICE will follow routine notification procedures prior to effectuating the removal of a U visa petitioner whose request for a Stay of Removal has been denied. In the event that ICE denies a Stay of Removal request, ICE will reach out to the investigating agency and provide notification that the petitioner is being removed. Q: If ICE determines that a U visa petitioner’s Stay of Removal request
will be granted, will that determination extend to qualifying family members who are included with the petition? A: Yes, ICE Directive 11005.2 includes qualifying family members. Per statute and regulation, certain family members of a U visa petitioner may also apply. Q: Why doesn’t ICE comment on specific cases involving U visas? A: Government officials, including those at ICE, are prohibited from disclosing any information which relates to an individual who has a pending or approved application for relief under 8 U.S.C. § 1367 (i.e., relief under the Violence Against Women Act, T or U visa). The broad language of this statute prohibits not only the disclosure of information relating to the individual’s application or claim but any other information about the individual. Therefore, no information may be released at all – either proactively or in response to a request. These restrictions extend to family members who are included on the individual’s application.
Source: ICE.gov Get a free evaluation by calling 855-768-8845 or visiting www.askthelawyer.us You can also visit www.311immigration.com to get more information pertaining to immigration.
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FAMILY MATTERS
NYC DOE Urged to Educate Parents on Safety Tips Through Remote Learning Portal
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rooklyn Borough President Eric Adams joined doctors and lawmakers to urge the New York City Department of Education (NYC DOE) to implement policies that use remote learning to educate parents and students about a condition detected in a growing number of children across the city and state that may be related to COVID-19. Borough President Adams and others called for regular information based on the most upto-date knowledge of public health experts to be distributed via remote learning platforms to ensure parents, particularly those in underserved communities, understand how to identify symptoms of the condition and keep their children safe. The call comes as cases of a rare inflammatory condition potentially connected to COVID-19 called Pediatric MultiInflammatory Syndrome (PMIS) are rapidly growing, with 153 children sickened statewide, including 110 in New York City. The syndrome has been compared to Kawasaki disease, a rare inflammatory disease that can be potentially fatal in children and is characterized by symptoms such as fever that lasts at least five days, a rash, and a swollen and bumpy tongue. Other symptoms can include
swollen hands and feet, bloodshot eyes, and swollen glands in the neck. Of the children who have been sickened in the city, early data released by City Hall indicate minority children are being hit hardest: 24 percent of those infected are black, 14 percent are Hispanic, 10 percent are Asian, 9 percent are white, and 38 percent are of an unknown ethnicity. "As we continue to fight the coronavirus pandemic, a new potential health threat has emerged related to the virus that seems to primarily affect children. While we are still learning about Pediatric Multi-Inflammatory Syndrome and its potential connection to COVID-19, we must arm parents with the knowledge we
have available to keep children safe and healthy, particularly if they have tested positive for antibodies. Our remote learning platforms, which now reach over a million families across the city, provide the perfect tool to distribute regular updates and information that parents can use, particularly if they don't have access to other resources. That's why we are urging the Department of Education to incorporate this into their remote learning plan. At a time when we are still trying to understand more about this virus and how it affects people of all ages, education is still the best public health tool we have in our toolbox," said Adams. " COVID-19, as with many diseases,
hits hard in communities of color. It is our responsibility to make sure that we reach families, particularly those who are at risk. We must educate families in a manner that they are able to understand and give them the tools with which to protect themselves and the community at large. This is how we can collectively beat COVID-19," said Dr. Natalie P. Santiago, MD. "In a pandemic, it is our responsibility and our obligation to make sure the public has the information they need to stay safe and aware. And, during a time like this, it is more important than ever to meet people where they're at. By leveraging the city's innovative remote learning system, the city has the opportunity to communicate directly with parents and guardians on a daily basis. And as we learn something new about COVID19 and the multisystem inflammatory syndrome every single day, disseminating and broadcasting information through this platform is absolutely critical. This will enable public health officials to put breaking news and developing information directly into the hands of those who need it most," said New York City Council Member Justin Brannan.l
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WHAT IS MULTISYSTEM INFLAMMATORY SYNDROME IN CHILDREN? Multisystem inflammatory syndrome in children (MIS-C) is a new health condition associated with COVID-19.
SEEK CARE IF YOUR CHILD HAS PERSISTENT FEVER PLUS ANY OF THESE SYMPTOMS: Irritability or decreased activity Abdominal pain, diarrhea, or vomiting Conjunctivitis, or red or pink eyes Red, cracked lips or bumpy tongue Swollen hands or feet Lack of appetite Rash IF YOUR CHILD IS SEVERELY ILL, GO TO AN EMERGENCY ROOM OR CALL 911 IMMEDIATELY. For more information, call 311 or visit nyc.gov/coronavirus. VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES
Bill de Blasio Mayor Oxiris Barbot, MD Commissioner
BUSINESS & EMPLOYMENT
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Coronavirus Travel Restrictions Leave Some J-1 Exchange Visitors Stranded BY LENNET PENATE
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ndividuals participating in the J-1 Visa Exchange Visitor Program were faced with a difficult choice in the hours after President Trump issued travel restrictions to Europe: leave their program in the United States or risk getting stuck until the coronavirus was contained. From then on, the clock was ticking for thousands of people—the United States distributes roughly 300,000 J-1 visas yearly. These visas allow qualified foreign nationals to participate in work- and study–based exchange visitor programs. More than 200 countries are represented by these J-1 visa recipients. Trump’s announcement on March 11 placed restrictions on entry for both immigrants and non-immigrants from 26 of these countries due to ongoing coronavirus concerns. Travel restriction proclamations often come with little advanced notice. In this case, many exchange visitors got stuck in the United States, unable to return home. Others could not fly back to the United States after traveling abroad for their program or leisure. Those who were outside of the country
had 48 hours to book flights to return to their program. Due to the high demand for overnight flights, prices ranged from $2,000 to up to $5,000. Many were unable to book flights. Amid the chaos and confusion, many exchange visitors living in the United States were also receiving communications from their embassies on what their own governments’ border restrictions and protocol would entail. Some exchange visitors are still in limbo. If they leave the United States, they cannot reenter until travel restrictions are “terminated by the president.” It is unclear when those restrictions will be lifted. Some can’t return home to family because of their home country’s entry restrictions. Consequently, exchange visitors remain separated from their parents, children, and spouses. One J-1 recipient’s husband had accompanied her on her program in the United States. He went home on routine work travel, only to discover that he would not be able to return to the United States. Though these individuals have stayed in touch virtually, they are uneasy about the uncertainty that these restrictions entail, as well as their duration apart.
Many Peruvian exchange visitors have also found themselves stranded. Peru’s borders closed to limit the international spread of the virus. In the midst of this turmoil, embassies and consulates have banned together to assist Peruvians in finding humanitarian flights back home. But this hasn’t been easy. Some people on J-1 visas report having to fly to neighboring countries to get back home. For Canadian J-1 exchange visitors, Prime Minister Justin Trudeau called for Canadians abroad to return home. This directive puts them in the uncertain position of deciding between completing their duration of the program or weather-
ing the coronavirus storm at home. Thankfully, some companies that sponsor J-1 visa holders are supporting their international staff who have been unable to return home. Some have been allowed to extend their stay on company property and continue their program, even if the nature of their job has changed. The coronavirus has transformed exchange visitors’ lives. As the United States continues to combat the virus, our policies must take into consideration how pandemics can affect our international exchange program and the people and companies that depend on it.l
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HEALTH
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June is Men’s Health Month On average, men live about 5 years less than their female counterparts • Men have a higher death rate for most of the leading causes of death, including cancer, heart disease, diabetes and suicide • 1 in 2 men will develop cancer in their lifetime • Men make ½ as many physician visits for prevention as women
WANT TO SEE THESE STATS CHANGE? SCHEDULE A CHECKUP TODAY! Do it for yourself and for those who count on you. Learn more at
www.menshealthmonth.com or call 1-866-543-6461 ext. 101
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KNOW YOUR RIGHTS
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Did a Nursing Home or Assisted-Living Facility Take Your Stimulus Check? Under recent COVID-19 legislation, most nursing facility residents are receiving stimulus payments of up to $1,200. This money belongs to you, not the nursing facility! This is true even if Medicaid pays for your care and services at the facility.
BY LOIS GREISMAN, FTC
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o you or a loved one live in a nursing home or assisted living facility? Are you (or they) on Medicaid? If you said “yes” to both, please read on and prepare to get mad. We’ve been hearing that some facilities are trying to take the stimulus payments intended for their residents on Medicaid. Then they’re requiring those people to sign over those funds to the facility. Why? Well, they’re claiming that, because the person is on Medicaid, the facility gets to keep the stimulus payment. But here’s the deal: those economic impact payments are, according to the CARES Act, a tax credit. And tax law says that tax credits don’t count as “resources” for federal benefits programs, like Medicaid. So: when Congress calls these payments “tax credits” in the CARES Act, that means the government can’t seize them. Which means nursing homes and assisted living facilities can’t take that money from their residents just because they’re on Medicaid. And, if they took it already, get in touch with your state attorney general and ask them to help you get it back.
This is not just a horror story making the rounds. These are actual reports that our friends in the Iowa Attorney General’s Office have been getting – and handling. Other states have seen the same. If you’ve experienced this already, tell your state attorney general’s office first, and then tell the FTC: ftc.gov/complaint. If a loved one lives in a nursing facility and you’re not sure what happened to their payment, talk with them soon. And consider having a chat with the facility’s management to make sure they know
which side of the law to be on. Need more back-up? Then let me get legal on you for a minute. You can go to www.law.cornell.edu/ to get the federal tax law that says refunds aren’t considered a “resource” in federal benefits programs. And you can go to www.crsreports.congress.gov and search for P.L. 116-136 to get the Congressional Summary that talks about the funds as tax credits not countable as resources for federal government programs. (It’s on page 3.) And here’s even more helpful information from the National Center on
Law & Elder Rights (www. ncler.acl.gov) for people who live in nursing homes or assisted living facilities. Again, though: if this has happened to you or a loved one, find your state attorney general’s office contact information at naag.org and talk with them right away.l Lois Greisman is the Elder Justice Coordinator at the Federal Trade Commission (FTC)
Wills, Trusts & Nursing Home Asset Protection Learn how to Protect your Assets and Provide for your Loved ones
Get Answers to Start Your Estate Plan
At this consultation, we will discuss issues that include: Nursing home costs- the myth of the 昀ve year look back The advantages of Wills, Living Trusts & Probate How to maintain your privacy and protect your estate if you become disabled (Hint: Not all Powers of Attorney are valid) Why putting property in children’s names may be a mistake Protect one’s spouse when the other needs nursing home care Preserve your estate for your kids if your surviving spouse gets married How Probate works and more importantly, how to avoid probate How you can qualify and use Medi-Cal to pay for nursing home expenses Provide for special needs (disabled) children and grandchildren How you may be able to minimize federal and state taxes
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AMERICAN DREAM
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ICE Tells Parents to Separate From Their Children or Risk Indefinite Detention Together BY KATY MURDZA
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hen the Trump administration implemented mass family separation in 2018, the American public was outraged. Two years later, U.S. Immigration and Customs Enforcement (ICE) is using a different strategy with the risk of a similar result. The agency is now forcing parents at its family detention centers to choose between separation from their children or the family’s indefinite detention. In past years, asylum-seeking families arriving at the border were transferred to one of three ICE family detention centers, where collectively over 3,000 people can be held at a time. Now, due to a combination of current border programs, most families are deported or returned to Mexico without ever reaching these facilities. The most recent of these Trump administration policies uses the pandemic as an excuse to immediately turn away asylum seekers. Still, 185 children are currently held with their parents at family detention centers in Dilley, Texas; Karnes City, Texas; and Leesport, Pennsylvania. Many of these families have already been locked up for at least five months.
Lawyers around the country have filed lawsuits arguing that ICE should release people in detention due to the risk of spreading coronavirus infection in ICE facilities, where social distancing is largely impossible and personal protective equipment is lacking. One of those lawsuits resulted in a court order for ICE to do everything possible to release children. Another has resulted in a similar order that would also include their parents. A federal judge required ICE to provide an update on releases of the children by May 15. According to recent reports from attorneys for the detained families, on May 13 and 14, ICE gave the parents a “binary
choice:” agree for their child to be released without them or waive the child’s right to release under the longstanding Flores settlement that governs custody of immigrant children. ICE subsequently reported to the court that it planned to continue to detain almost all of the children, stating “parent did not wish to separate” as a reason in every case. Health experts agree that both family separation and prolonged detention cause significant physical and emotional harm to children. For years, parents have reported inadequate medical care at all three family detention centers.
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The coronavirus pandemic presents additional health risks to detention. One model predicted that a COVID-outbreak in detention could spread to 72% to 100% of those detained in the facility within 90 days. Families’ attorneys report that ICE isn’t doing enough to protect against spread of the virus. They also say symptomatic people are going untested. Beyond the cruelty of this latest version of the binary choice policy, its implementation was an extreme violation of due process. Parents report being coerced into signing documents without knowing what they said. They were not given details on what would happen to their child after the separation. Parents weren’t told whether separation could mean they would later be deported without their child. Some stated that they did not know which option they were choosing by obeying instructions to sign. Many of the parents asked to speak to their attorneys but ICE refused. ICE did not notify attorneys of the conversations. It has since refused them copies of the documents that officials asked their clients to sign. The Trump administration has long wanted to circumvent restrictions on the detention of children. The current version of the binary choice policy is similar to one implemented in 2018. Parents who had been separated from their children were given the choice to be reunited and deported with their child, or for the child to remain in the United States without them. A lawsuit led to ICE adding a third option to speak to a lawyer. After months of detention, many families were eventually able to challenge their deportations and remain in the United States together. The administration seriously considered implementation of the policy again last year. Both family separation and the detention of children are harmful and cruel, even without the added danger of the coronavirus pandemic. The overwhelming majority of families have someone ready to receive them in the United States, and non-profit organizations have processes in place to safely welcome the few who do not. Community-based alternatives to detention are a cheaper, more humane option and have been shown to have high court appearance rates. The government should release families together so that they can be with their loved ones and continue their immigration case outside of detention.l IMMIGRATION PODCAST
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